• CrPC 125

My ex wife divorced me and lied in court on the crpc 125 and many things affidavit also its pending on 340 case by me question is if she lies does the case of crpc 125 get dismissed or what happens
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

Hello,

If something false has been said by your wife on affidavit then you can place this before the court and the court will then pass appropriate order against the same also you can make a prayer that since the wife is resting her case on false evidence therefore her case be dismissed,

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

person who has not come to court with clean hands is not enttiled to any reliefs

2) t is settled law that a person who approaches the Court for grant of relief, equitable or otherwise, is under a solemn obligation to candidly disclose all the material/important facts which have bearing on the adjudication of the issues raised in the case. In other words, he owes a duty to the court to bring out all the facts and refrain from concealing/suppressing any material fact within his knowledge or which he could have known by exercising diligence expected of a person of ordinary prudence. If he is found guilty of concealment of material facts or making an attempt to pollute the pure stream of justice, the court not only has the right but a duty to deny relief to such person.

3) This Court and different High Courts have repeatedly invoked and applied the rule that a person who does not disclose all material facts has no right to be heard on the merits of his grievance – State of Haryana v. Karnal Distillery Co. Ltd. (1977) 2 SCC 431, Vijay Kumar Kathuria v. State of Haryana (1983) 3 SCC 333, Welcome Hotel and others v. State of Andhra Pradesh and others etc. (1983) 4 SCC 575, G. Narayanaswamy Reddy (dead) by LRs. and another v. Government of Karnataka and another (1991) 3 SCC 261, S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by LRs. and others (1994) 1 SCC 1, Agricultural and Processed Food Products v. Oswal Agro Furane and others (1996) 4 SCC 297, Union of India and others v. Muneesh Suneja (2001) 3 SCC 92, Prestige Lights Ltd. v. State Bank of India (2007) 8 SCC 449, Sunil Poddar and others v. Union Bank of India (2008) 2 SCC 326, K.D. Sharma v. Steel Authority of India Ltd. and others (2008) 12 SCC 481, G. Jayshree and others v. Bhagwandas S. Patel and others (2009) 3 SCC 141 and C.A. No. 5239/2002 – Dalip Singh v. State of U.P. and others, decided on 3.12.2009.

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. If the lies has no direct connection with the claim of her maintenance then 125 cases will not be dismissed.

2.However of her lies are proved then asper proceeding u/s 340 a criminal prosecution will start agaisnt her.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1. Section 125 of Cr.P.C. is for maintenance.

2. If she has lied before the Court under affidavit, then she will be punished accordingly based on the degree of offence for which you have alreay proceeded u/s340 of Cr.P.C.

3. Even if she is proved to have lied before the Court in some matter, it will have no effect on her claim for maintenance as claimed by her u/s125 of Cr.P.C.

4. However, if she has lied about her employment, then she will not get any maintenance form her husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. What has she lied on? You must understand that every fact which may have been moulded or concealed in the case does not invite a prosecution under 125 CrPC as one has the right to not to reveal his defence and he also has the right to allege only those facts which demonstrate that there is a cause of action in his favout.

2. So unless you disclose what has she lied I cannot answer your query on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You have to prove that she is wrong and has approached the court with unclean hands by making false statements with intention to extort money from you for wrongful gains.

If this is established then her case may be dismissed.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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